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CITY OF BARNUM v. COUNTY OF CARLTON

No. C3-85-1419.

394 N.W.2d 246 (1986)

CITY OF BARNUM, Minnesota Pollution Control Agency, Appellants, v. COUNTY OF CARLTON, et al., Respondents.

Court of Appeals of Minnesota.

Review Denied December 17, 1986.

Attorney(s) appearing for the Case

Harry L. Newby, Jr., Newby, Korman, Lingren & Newby, Ltd., Cloquet, for City of Barnum.

Hubert H. Humphrey, III, Atty. Gen., Alan R. Mitchell, Sp. Asst. Atty. Gen., Roseville, for Minnesota Pollution Control Agency.

Marvin Ketola, Co. Atty., Carlton, for Carlton County.

Raymond L. Erickson, Richard J. Leighton, Hanft, Fride, O'Brien, Haries & Bujold, Duluth, for County Bd. of Carlton.

Considered and decided by WOZNIAK, P.J., and HUSPENI and RANDALL, JJ., with oral argument waived.

OPINION

WOZNIAK, Judge.

This matter is before us on remand from the Minnesota Supreme Court, 389 N.W.2d 727, for reconsideration of our previous decision, City of Barnum v. County of Carlton, 386 N.W.2d 770 (Minn.Ct.App. 1986), in light of the supreme court's subsequent decision in White Bear Rod & Gun Club v. City of Hugo, 388 N.W.2d 739

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